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The defendant's appeal is dismissed.
Reasons
1. The court below rendered a judgment to dismiss the prosecutor’s request regarding the part of the defendant’s case and the part of the attachment order case, and only the defendant appealed therefrom. Thus, notwithstanding Article 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as there is no benefit to appeal regarding the part of the attachment order case, this part is excluded from the scope of the judgment of this court.
2. The sentenced by the court below to the summary of the grounds for appeal (four years of imprisonment) is too unreasonable.
3. There are circumstances that can be considered in light of the circumstances, such as the fact that the Defendant was the first offender and the father who suffers from dementia is supporting the father, and the victim and the mother of the victim have submitted an application for coaling that the Defendant’s wife is the Defendant’s wife.
However, the crime of this case is committed against the victim who is only 12 years of age, and the frequency of the crime is several times, and the strength of the crime is also serious, and the crime has reached the similarity act, and the nature of the crime is very heavy.
Furthermore, four years of imprisonment with prison labor sentenced by the court below is limited to the minimum sentencing range which is legally possible in the case of discretionary mitigation. The defendant's assertion of unfair sentencing is without merit, in light of all of the sentencing conditions in the instant case, including the defendant's character and behavior, environment, circumstances and result of the crime, degree of damage, circumstances after the crime, etc., and all the sentencing conditions in the instant case, such as the defendant's character and behavior, environment, circumstance and consequence of the crime.
4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.